§8113 — Title 5 Government Organization and Employees | U.S. Code

Summary

If a person was a minor or was working as a learner when hurt and was not already physically or mentally disabled, and that person, without a good reason, refuses to apply for or take vocational rehabilitation when ordered under section 8104, the Secretary may, after a review under section 8128 and finding that the person’s ability to earn money would probably have gone up a lot, reduce the person’s future compensation to the level their likely wage-earning capacity would have been until they honestly follow the Secretary’s rehab order.

Title 5, §8113

Government Organization and Employees — Source: USLM XML via OLRC

(a)If an individual—

(1)was a minor or employed in a learner’s capacity at the time of injury; and

(2)was not physically or mentally handicapped before the injury;

(b)If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 756(d).Oct. 14, 1949, ch. 691, § 105 “Sec. 6(d)”, 63 Stat. 859. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ActThis section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees’ Compensation Act, as amended (63 Stat. 859)).

Editorial Notes

Amendments

1974—Subsecs. (b), (c). Pub. L. 93–416 struck out subsec. (b) which authorized the Secretary to prospectively recompute compensation because of decreased wage earning power after age 70, aside from injury, and redesignated subsec. (c) as (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 applicable to case where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.

§8113 Increase or Decrease of Basic Compensation

Summary

Title 5, §8113

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata